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Advisory Board Consulting Agreement Template for United States

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Key Requirements PROMPT example:

Advisory Board Consulting Agreement

"Need an Advisory Board Consulting Agreement for a tech startup engaging a senior industry expert who will provide quarterly strategic guidance and receive both cash compensation and stock options, with the agreement starting January 2025."

What is a Advisory Board Consulting Agreement?

The Advisory Board Consulting Agreement is essential when companies seek to formally engage experienced professionals for strategic guidance and industry expertise. This document, governed by U.S. law, establishes a clear framework for the advisory relationship, protecting both the company's interests and the advisor's independent status. It typically includes detailed provisions for service scope, compensation, confidentiality, intellectual property rights, and liability protection. Companies use this agreement to ensure compliance with federal and state regulations while maintaining flexibility in their advisory relationships. The agreement is particularly important for startups and growing companies that need specialized expertise without the commitment of full-time employment.

What sections should be included in a Advisory Board Consulting Agreement?

1. Parties: Identifies the company and the advisor, including full legal names and addresses

2. Background: Explains the context of the agreement and the company's desire to engage the advisor

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Services: Details the advisor's appointment to the advisory board and scope of services

5. Term and Termination: Specifies duration of engagement and termination provisions

6. Compensation: Outlines fees, expenses, and payment terms

7. Confidentiality: Defines confidential information and protection obligations

8. Independent Contractor Status: Clarifies the advisor's status as an independent contractor

9. Governing Law: Specifies applicable law and jurisdiction

What sections are optional to include in a Advisory Board Consulting Agreement?

1. Equity Compensation: Details any stock options or equity grants when advisor receives equity compensation

2. Intellectual Property Rights: Addresses ownership of IP created during service when advisor may create IP during service

3. Non-Compete: Restricts advisor's involvement with competitors when competitive concerns exist

4. Insurance: Specifies required insurance coverage when advisor needs professional liability insurance

What schedules should be included in a Advisory Board Consulting Agreement?

1. Schedule A - Services: Detailed description of advisory services

2. Schedule B - Compensation: Detailed compensation terms including payment schedule

3. Schedule C - Confidential Information: Specific items considered confidential

4. Exhibit A - Stock Option Agreement: Terms of equity compensation if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶ÒõÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Federal Tax Law: Internal Revenue Code considerations for compensation and independent contractor classification under IRS guidelines

Securities Regulations: Securities Exchange Act and Investment Advisers Act requirements if providing investment or securities-related advice

Intellectual Property Law: Federal and state IP laws governing ownership and protection of intellectual property created during advisory services

ERISA: Employee Retirement Income Security Act considerations if advisory services relate to employee benefits

Employment Classification Laws: Federal and state laws regarding independent contractor vs. employee classification, including FLSA considerations

Trade Secrets Law: Trade Secrets Protection Act and state-specific regulations governing confidential information protection

Data Privacy Regulations: Federal and state data privacy laws affecting handling of confidential and personal information

Corporate Governance Laws: State corporate laws regarding fiduciary duties, corporate governance, and conflict of interest regulations

State Contract Law: State-specific contract formation, enforcement, and statute of limitations requirements

Non-Compete Regulations: State-specific rules governing enforceability of non-compete and non-solicitation provisions

Consumer Protection Law: Federal and state consumer protection regulations if advisory services affect consumer interests

Dispute Resolution Law: Federal and state laws governing arbitration, mediation, and litigation procedures

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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